GRANT OF MINING RIGHTS. (a) The Government hereby grants to the Company mining rights to ALL that piece of land described in the schedule hereto and more particularly delineated on the Plan attached and shown edged red (hereinafter called “the Lease Area”) together with mines, beds, seams, veins, channels and strata of gold lying and being within and under the surface for a term of four (4) years from the date of this Agreement. Such term shall be renewable from time to time in accordance with the Minerals and Mining Act, 2006, (Act 703); (b) The Government hereby grants to the Company the exclusive rights to work, develop and produce gold in the Lease Area for the said term of four (4) years (including, the processing, storing and transportation of ore and materials together with the rights and powers reasonably incidental thereto) subject to the provisions of this Agreement; (c) The Company shall not, however, conduct any operations in a sacred area and shall not, without the prior consent in writing of the Minister conduct any operations: (i) within 50 yards of any building, installation, reservoir of dam, public road, railway or area appropriated for railway; (ii) in an area occupied by a market, burial ground cemetery or Government office, or situated within a town or village or set apart for, used, appropriated or dedicated to a public purpose. (d) The Company shall commence commercial production of gold within two (2) years from the date of this Mining Lease. (e) The Company shall conduct its operations in a manner consistent with good commercial mining practices so as not to interfere unreasonably with vegetation in the Lease Area or with the customary rights and privileges of persons to farm, xxxx and snare game, gather firewood for domestic purposes or to collect snails. (f) The public shall be permitted at their sole risk to use without charge, any road constructed by the Company in the Lease Area, in a manner consistent with good mining practices, safety and security, provided that such use does not unreasonably interfere with the operations of the Company hereunder and provided also that such permission shall not extend to areas enclosed for mining operations. (g) Nothing contained in this Agreement shall be deemed to confer any rights on the Company conflicting with provisions contained in the Minerals and Mining Act, 2006, (Act 703) or to permit the Company to dispense with the necessity of applying for and obtaining any permit or authorization which the Company may be required by law or regulation to obtain in respect of any work or activity proposed to be carried out hereunder.
Appears in 2 contracts
Samples: Mining Lease (Golden Star Resources LTD), Mining Lease (Golden Star Resources LTD)
GRANT OF MINING RIGHTS. (a) The Government hereby grants to the Company mining rights to ALL that piece of land described in the schedule hereto and more particularly delineated on the Plan attached and shown edged red (hereinafter called “the Lease Area”) together with mines, beds, seams, veins, channels and strata of gold lying and being within and under the surface for a term of four fifteen (415) years from the date of this Agreement. Such term shall be renewable from time to time in accordance with the Minerals and Mining Act, 2006, (Act 703);.
(b) The Government hereby grants to the Company the exclusive rights to work, develop and produce gold in the Lease Area for the said term of four fifteen (415) years (including, the processing, processing storing and transportation of ore and materials together with the rights and powers reasonably incidental thereto) subject to the provisions of this Agreement;
(c) The Company shall not, however, conduct any operations in a sacred area and shall not, without the prior consent in writing of the Minister conduct any operations:
(i) within 50 yards of any building, installation, reservoir of dam, public road, railway or area appropriated for railway;
(ii) in an area occupied by a market, burial ground cemetery or Government office, or situated within a town or village or set apart for, used, appropriated or dedicated to a public purpose.
(di) The Company shall commence commercial production complete the process of gold land acquisition, crop compensation and compensation or resettlement of project affected persons including residents, owners or lawful occupiers of land within two (2) years from the date of this Mining LeaseLease (hereinafter referred to as “Phase One”).
(ii) Within two years after the completion of Phase One (hereinafter referred to as “Phase Two”), the Company shall commence commercial production of gold.
(iii) In any event, Phase One and Phase Two shall not exceed 4 years.
(iv) The Company shall, during Phase One and Phase Two, furnish an annual progress report to the Minister and the Chief Executive Officer of the Minerals Commission summarizing relevant activities that have taken place in the Lease Area during each Phase.
(e) The Company shall conduct its operations in a manner consistent with good commercial mining practices so as not to interfere unreasonably with vegetation in the Lease Area or with the customary rights and privileges of persons to farm, xxxx and snare game, gather firewood for domestic purposes or to collect snails.
(f) The public shall be permitted at their sole risk to use without charge, any road constructed by the Company in the Lease Area, in a manner consistent with good mining practices, safety and security, provided that such use does not unreasonably interfere with the operations of the Company hereunder and provided also that such permission shall not extend to areas enclosed for mining operations.
(g) Nothing contained in this Agreement shall be deemed to confer any rights on the Company conflicting with provisions contained in the Minerals and Mining Act, 2006, (Act 703) or to permit the Company to dispense with the necessity of applying for and obtaining any permit or authorization which the Company may be required by law or regulation to obtain in respect of any work or activity proposed to be carried out hereunder. Notwithstanding the above, the parties to this Agreement are also parties to an Investment Agreement dated 17th December 2003 and ratified by the Parliament of the Republic of Ghana on 18th December 2003. The parties acknowledge that they have agreed to review and possibly amend certain aspects of the Investment Agreement. Therefore, for the avoidance of any doubt, in the event of any difference between the terms of this Mining Lease and those of the Investment Agreement, (including any amendment thereof), the parties hereby agree that the terms of the Investment Agreement (and as it may be amended) shall govern the rights and the obligations of the parties.
Appears in 1 contract
GRANT OF MINING RIGHTS. a. The authorised mineral the subject of this Mining Lease is gold (a) hereinafter called “the Mineral”).
b. The Government hereby grants to the Company mining rights to ALL that piece of land described in the schedule hereto and more particularly delineated on the Plan map attached and shown edged red (hereinafter called “the Lease Area”) together with mines, beds, seams, veins, channels and strata of gold lying and being within and under the surface for a term of four ………………….. (4hereinafter called “Term”) years from the date of this Agreement. Such term shall Mining Lease.
c. The Term may be renewable renewed from time to time in accordance with the Minerals and Mining Act, 2006, 2006 (Act 703);.
(b) d. The Government hereby grants to the Company the exclusive rights to work, develop and produce gold the Mineral in the Lease Area for the said term of four Term (4) years (includingincluding transportation, the processing, and storing and transportation of ore and materials together with the rights and powers reasonably incidental thereto) subject to the provisions of this Agreement;Mining Lease.
(ce. This Mining Lease is subject to ratification by Parliament in accordance with Article 268(1) of the Constitution and section 5(4) of Act 703. Upon execution of this Mining Lease, the Minister shall cause the Mining Lease to be laid in Parliament for ratification.
f. The Company shall not, however, not however conduct any operations in a sacred reserved area, restricted area, protected area or designated area and shall not, not without the prior written consent in writing of the Minister conduct any operations:
(i) within 50 yards i. Within 100 metres of any forest reserve, river, stream, building, installation, reservoir of reservoir, dam, public road, railway or area appropriated for a railway;; or
(ii) in . Within 300 metres of a pylon; or
iii. In an area occupied by a market, burial ground ground, cemetery or Government office, or situated within a town or village or an area set apart for, used, appropriated or dedicated to a public purpose.
iv. Where the lease area affects existing roads and passage ways, the Company shall permit the public to use any roads constructed by the Company and shall label permissible roads as such in accordance with the provisions of Mining (dHealth, Safety and Technical) Regulations, 2012 L.I. 2182.
g. The Company shall shall, in accordance with Section 69 of Act 703 and Regulation 20 of the Minerals and Mining (General) Regulations, 2012 (L.I. 2173) commence commercial production of gold within two the approved mineral not later than twenty-four (224) years months from the date of grant of this Mining Lease.
(e) h. The Company shall conduct its operations in a manner consistent with good commercial mining practices so as not take all practical steps to interfere unreasonably with vegetation avoid damage to land, trees, crops, buildings, structures and other property in the Lease Area or Area. Where such damage cannot be avoided, the Company shall provide fair and reasonable compensation in accordance with Section 72-75 of Act 703 and the customary rights Minerals and privileges of persons to farmMining (Compensation and Resettlement) Regulations, xxxx and snare game, gather firewood for domestic purposes or to collect snails2012 (L.I. 2175).
(f) i. The Company shall permit the public shall be permitted to use without charge and at their sole risk to use without chargerisk, any road constructed by the Company in the Lease Area, in a manner consistent with good mining practices, safety and security, provided that such use does not unreasonably interfere with the operations of the Company hereunder and provided also that such permission shall not extend to areas enclosed for designated as active mining operationsareas.
(g) Nothing contained j. No provision in this Agreement shall be deemed to confer any rights on the Company conflicting which conflicts with the provisions contained in the Minerals and Mining Act, 2006, (of Act 703) 703 or to permit permits the Company to dispense with the necessity of applying for and obtaining any permit or authorization authorisation which the Company may be required by law Law or regulation Regulation to obtain be obtained in respect of any work or activity proposed to be carried out hereunderunder this Mining Lease.
Appears in 1 contract
Samples: Mining Lease Agreement
GRANT OF MINING RIGHTS. (a) The Government hereby grants to the Company mining rights to ALL that piece of land described in the schedule hereto and more particularly delineated on the Plan attached and shown edged red (hereinafter called “the Lease Area”) together with mines, beds, seams, veins, channels and strata of gold lying and being within and under the surface for a term of four thirty (430) years from the date of this Agreement. Such term shall be renewable from time to time in accordance with the Minerals and Mining ActLaw, 20061986, (Act 703);PNDC. 153
(b) The Government hereby grants to the Company the exclusive rights to work, develop and produce gold in the Lease Area for the said term of four thirty (430) years (including, the processing, storing and transportation of ore and materials together with the rights and powers reasonably incidental thereto) subject to the provisions of this Agreement;
(c) The Company shall not, however, conduct any operations in a sacred area and shall not, without the prior consent in writing of the Minister conduct any operations:
(i) within 50 yards of any building, installation, reservoir of dam, public road, railway or area appropriated for railway;
(ii) in an area occupied by a market, burial ground cemetery or Government office, or situated within a town or village or set apart for, used, appropriated or dedicated to a public purpose.
(d) The Company shall commence commercial production of gold within two (2) years from the date of this Mining Lease.
(e) The Company shall conduct its operations in a manner consistent with good commercial mining practices so as not to interfere unreasonably with vegetation in the Lease Area or with the customary rights and privileges of persons to farm, xxxx and snare game, gather firewood for domestic purposes or to collect snails.
(f) The public shall be permitted at their sole risk to use without charge, any road constructed by the Company in the Lease Area, in a manner consistent with good mining practices, safety and security, provided that such use does not unreasonably interfere with the operations of the Company hereunder and provided also that such permission shall not extend to areas enclosed for mining operations.
(g) Nothing contained in this Agreement shall be deemed to confer any rights on the Company conflicting with provisions contained in the Minerals and Mining ActLaw, 20061986, (Act 703) P.N.D.C.L. 153 or to permit the Company to dispense with the necessity of applying for and obtaining any permit or authorization which the Company may be required by law or regulation to obtain in respect of any work or activity proposed to be carried out hereunder.
Appears in 1 contract
Samples: Revised Investment Agreement (Newmont Mining Corp /De/)
GRANT OF MINING RIGHTS. (a) The Government hereby grants to the Company mining rights to ALL that piece of land described in the schedule hereto and more particularly delineated on the Plan attached and shown edged red (hereinafter called “"the Lease Area”") together with mines, beds, seams, seams veins, channels and strata of gold and associated mineral substances lying and being within and under the surface to a 200 metre depth from surface which corresponds with a depth of 150.7 metre below the sea level using CENTRAL SHAFT PILLAR 1 with coordinates: X - 84378.45, Y - 148029.06, Z - 49.63 as bench mxxx, for a term of four thirty (430) years from the date of this Agreement. Such term shall be renewable from time to time in accordance with the Minerals and Mining ActLaw, 20061986, (Act 703)PNDC. 153;
(b) The Government hereby grants to the Company the exclusive rights to work, develop and produce gold and associated mineral substances in the Lease Area for the said term of four thirty (430) years (including, the processing, storing and transportation of ore and materials together with the rights and powers reasonably incidental thereto) subject to the provisions of this Agreement;
(c) The Company shall not, however, conduct any operations in a sacred area and shall not, without the prior consent in writing of the Minister conduct any operations:
(i) within 50 yards of any building, installation, reservoir of dam, public road, railway or area appropriated for railway;
(ii) in an area occupied by a market, burial ground cemetery or Government office, or situated within a town or village or set apart for, used, appropriated or dedicated to a public purpose.
(d) The Company shall commence commercial production of gold within two (2) years from the date of this Mining Lease.
(e) The Company shall conduct its operations in a manner consistent with good commercial mining practices so as not to interfere unreasonably with vegetation in the Lease Area or with the customary rights and privileges of persons to farm, xxxx hxxx and snare game, gather firewood for domestic purposes or to collect snails.
(f) The public shall be permitted at their sole risk to use without charge, any road constructed by the Company in the Lease Area, in a manner consistent with good mining practices, safety and security, provided that such use does not unreasonably interfere with the operations of the Company hereunder and provided also that such permission shall not extend to areas enclosed for mining operations.
(g) Nothing contained in this Agreement shall be deemed to confer any rights on the Company conflicting with provisions contained in the Minerals and Mining ActLaw, 20061986, (Act 703) P.N.D.C.L. 153 or to permit the Company to dispense with the necessity of applying for and obtaining any permit or authorization which the Company may be required by law or regulation to obtain in respect of any work or activity proposed to be carried out hereunder.
Appears in 1 contract
GRANT OF MINING RIGHTS. (a) The Government hereby grants to the Company mining rights to ALL that piece of land described in the schedule hereto and more particularly delineated on the Plan attached and shown edged red (hereinafter called “the Lease Area”) together with mines, beds, seams, veins, channels and strata of gold lying and being within and under the surface for a term of four twenty six (426) years from the date of this Agreement. Such term shall be renewable from time to time in accordance with the Minerals and Mining ActLaw, 20061986, (Act 703)PNDC. 153;
(b) The Government hereby grants to the Company the exclusive rights to work, develop and produce gold in the Lease Area for the said term of four twenty six (426) years (including, the processing, storing and transportation of ore and materials together with the rights and powers reasonably incidental thereto) subject to the provisions of this Agreement;
(c) The Company shall not, however, conduct any operations in a sacred area and shall not, without the prior consent in writing of the Minister conduct any operations:
(i) within 50 yards of any building, installation, reservoir of dam, public road, railway or area appropriated for railway;
(ii) in an area occupied by a market, burial ground cemetery or Government officeOffice, or situated within a town or village or set apart for, used, appropriated or dedicated to a public purpose.
(d) The Company shall commence commercial production of gold within two (2) years from the date of this Mining Lease.
(e) The Company shall conduct its operations in a manner consistent with good commercial mining practices so as not to interfere unreasonably with vegetation in the Lease Area or with the customary rights and privileges of persons to farm, xxxx and snare game, gather firewood for domestic purposes or to collect snails.
(f) The public shall be permitted at their sole risk to use without charge, any road constructed by the Company in the Lease Area, in a manner consistent with good mining practices, safety and security, provided that such use does not unreasonably interfere with the operations of the Company hereunder and provided also that such permission shall not extend to areas enclosed for mining operations.
(g) Nothing contained in this Agreement shall be deemed to confer any rights on the Company conflicting with provisions contained in the Minerals and Mining ActLaw, 20061986, (Act 703) P.N .D.C.L. 153 or to permit the Company to dispense with the necessity of applying for and obtaining any permit or authorization which the Company may be required by law or regulation to obtain in respect of any work or activity proposed to be carried out hereunder.
Appears in 1 contract
Samples: Revised Investment Agreement (Newmont Mining Corp /De/)
GRANT OF MINING RIGHTS. (a) The Government hereby grants to the Company mining rights to ALL that piece of land described in the schedule hereto and more particularly delineated on the Plan attached and shown edged red (hereinafter called “the Lease Area”) together with mines, beds, seams, veins, channels and strata of gold lying and being within and under the surface for a term of four fifteen (415) years from the date of this Agreement. Such term shall be renewable from time to time in accordance with the Minerals and Mining Act, 2006, (Act 703);.
(b) The Government hereby grants to the Company the exclusive rights to work, develop and produce gold in the Lease Area for the said term of four fifteen (415) years (including, the processing, storing and transportation of ore and materials together with the rights and powers reasonably incidental thereto) subject to the provisions of this Agreement;
(c) The Company shall not, however, conduct any operations in a sacred area and shall not, without the prior consent in writing of the Minister conduct any operations:
(i) within 50 yards of any building, installation, reservoir of dam, public road, railway or area appropriated for railway;
(ii) in an area occupied by a market, burial ground cemetery or Government office, or situated within a town or village or set apart for, used, appropriated or dedicated to a public purpose.
(di) The Company shall commence commercial production complete the process of gold land acquisition, crop compensation and compensation or resettlement of project affected persons including residents, owners or lawful occupiers of land within two (2) years from the date of this Mining LeaseLease (hereinafter referred to as “Phase One”).
(ii) Within two years after the completion of Phase One (hereinafter referred to as “Phase Two”), the Company shall commence commercial production of gold.
(iii) In any event, Phase One and Phase Two shall not exceed 4 years.
(iv) The Company shall, during Phase One and Phase Two, furnish an annual progress report to the Minister and the Chief Executive Officer of the Minerals Commission summarizing relevant activities that have taken place in the Lease Area during each Phase.
(e) The Company shall conduct its operations in a manner consistent with good commercial mining practices so as not to interfere unreasonably with vegetation in the Lease Area or with the customary rights and privileges of persons to farm, xxxx and snare game, gather firewood for domestic purposes or to collect snails.
(f) The public shall be permitted at their sole risk to use without charge, any road constructed by the Company in the Lease Area, in a manner consistent with good mining practices, safety and security, provided that such use does not unreasonably interfere with the operations of the Company hereunder and provided also that such permission shall not extend to areas enclosed for mining operations.
(g) Nothing contained in this Agreement shall be deemed to confer any rights on the Company conflicting with provisions contained in the Minerals and Mining Act, 2006, (Act 703) or to permit the Company to dispense with the necessity of applying for and obtaining any permit or authorization which the Company may be required by law or regulation to obtain in respect of any work or activity proposed to be carried out hereunder. Notwithstanding the above, the parties to this Agreement are also parties to an Investment Agreement dated 17th December 2003 and ratified by the Parliament of the Republic of Ghana on 18th December 2003. The parties acknowledge that they have agreed to review and possibly amend certain aspects of the Investment Agreement. Therefore, for the avoidance of any doubt, in the event of any difference between the terms of this Mining Lease and those of the Investment Agreement, (including any amendment thereof), the parties hereby agree that the terms of the Investment Agreement (and as it may be amended) shall govern the rights and the obligations of the parties.
Appears in 1 contract
GRANT OF MINING RIGHTS. (a) The Government hereby grants to the Company mining rights to ALL that piece of land underground described in the schedule hereto herein and more particularly delineated on the Plan attached and with the extent shown edged red in blue brackets (hereinafter called “"the Lease Area”") together with mines, beds, seams, seams veins, channels and strata of gold and associated mineral substances lying and being within and under below a depth of 200 metres measured from the surface for CENTRAL SHAFT PILLAR 1 with ordinates: X - 84378.45, Y - 148029.06, Z - 49.63, which horizon corresponds with a depth of 150.37 metres below the sea level, to a term of four thirty (430) years from the date of this Agreement. The strike of the underground lease extends from the Ankobra shaft to the north to the Tuappim shaft in the south (as indicated by the blue brackets on the plan). Such term shall be renewable from time to time in accordance with the Minerals and Mining ActLaw, 2006, (Act 703)1986 PNDC 153;
(b) The Government hereby grants to the Company the exclusive rights to work, develop and produce gold and associated mineral substances in the Lease Area for the said term of four thirty (430) years (including, the processing, storing and transportation of ore and materials together with the rights and powers reasonably incidental thereto) subject to the provisions of this Agreement;
(c) The Company shall not, however, conduct any operations in a sacred area and shall not, without the prior consent in writing of the Minister conduct any operations:
(i) within 50 yards of any building, installation, reservoir of dam, public road, railway or area appropriated for railway;
(ii) in an area occupied by a market, burial ground cemetery or Government office, or situated within a town or village or set apart for, used, appropriated or dedicated to a public purpose.
(d) The Company shall commence commercial production of gold within two (2) years from the date of this Mining Lease.,
(ed) The Company shall conduct its operations in a manner consistent with good commercial mining practices so as not to interfere unreasonably with vegetation in the Lease Area or with the customary rights and privileges of persons to farm, xxxx and snare game, gather firewood for domestic purposes or to collect snails.
(f) The public shall be permitted at their sole risk to use without charge, any road constructed by the Company in the Lease Area, in a manner consistent with good mining practices, safety and security, provided that such use does not unreasonably interfere with the operations of the Company hereunder and provided also that such permission shall not extend to areas enclosed for mining operations.
(ge) Nothing contained in this Agreement shall be deemed to confer any rights on the Company conflicting with provisions contained in the Minerals and Mining ActLaw, 20061986, (Act 703) P.N.D.C.L. 153 or to permit the Company to dispense with the necessity of applying for and obtaining any permit or authorization which the Company may be required by law or regulation to obtain in respect of any work or activity proposed to be carried out hereunder.
Appears in 1 contract
